Opinion
13-23-00575-CV
03-21-2024
On appeal from the County Court at Law No. 5 of Nueces County, Texas.
Before Justices Benavides, Tijerina, and Silva
MEMORANDUM OPINION
CLARISSA SILVA JUSTICE
On December 12, 2023, appellant Jancynth Sowels filed a pro se notice of appeal from a default judgment in an eviction case. On December 13, 2023, the Clerk of this Court advised appellant that her notice of appeal failed to comply with Texas Rule of Appellate Procedure 25.1(d) and requested that appellant correct this defect. See Tex. R. App. P. 25.1(d); see also id. R. 37.1. On January 25, 2024, the Clerk again advised appellant that her notice of appeal was defective, requested correction of the defect, and advised appellant that her appeal would be dismissed if the defect was not corrected. See id. R. 42.3. To date, appellant has not filed a corrected notice of appeal and has not otherwise responded to the Clerk's directives.
This Court has the authority to dismiss an appeal because the appellant has failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.-San Antonio 2017, no pet.). Here, appellant has not filed a corrected notice of appeal. Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(b), (c).